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PENNSYLVANIA RECORD

Friday, September 13, 2024

Former Employee Alleges Unlawful Termination Under FMLA Against Manufacturer

Federal Court
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A former employee has accused a leading manufacturer of metal tubular parts and machined components of unlawful termination. Milagros Diaz-Mauras filed a complaint against Judson A. Smith Co in the United States District Court for the Eastern District of Pennsylvania on August 7, 2024.

According to the complaint, Diaz-Mauras was employed by Judson A. Smith Co from January 2023 until May 10, 2024. The plaintiff alleges that she applied for intermittent Family Medical Leave Act (FMLA) leave in April 2024 due to severe injuries sustained in a car accident. This request was approved by her employer. On May 8, 2024, Diaz-Mauras informed her employer that she could not work due to severe back pain related to her injuries and would need to utilize her FMLA leave. She provided a note from her chiropractor excusing her from work on that day.

Despite this, when Diaz-Mauras returned to work on May 9, she was informed by Kelly Schuehler from the HR department that her absence was covered under FMLA. However, just one day later, on May 10, she was terminated from her position. The plaintiff claims this termination was retaliatory and directly linked to her invoking FMLA rights two days prior.

Diaz-Mauras asserts that during her employment with Judson A. Smith Co., she consistently received positive feedback regarding her job performance, including a recent favorable performance evaluation. She believes the abrupt termination has caused significant damages including lost wages and benefits as well as future earnings.

The lawsuit seeks several forms of relief: recovery of lost wages and benefits, reinstatement or compensation for future losses, prejudgment interest, liquidated damages as permitted by law, litigation costs and attorney’s fees.

Representing Diaz-Mauras are attorneys Peter Winebrake, Mark J. Gottesfeld, and Michelle Tolodziecki from Winebrake & Santillo LLC. 

The case is identified under Case No. 5:24-cv-03986.

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